Patent Litigation

News & Analysis as of

Supreme Court Preview -- TC Heartland LLC v. Kraft Foods Group Brands LLC

Next week, on Monday March 27, the Supreme Court will hear oral arguments in the TC Heartland LLC v. Kraft Foods Group Brands LLC case. This case involves the interpretation of the current patent venue statute. And while...more

Improving the Examiner Interview with a Little Psychotherapy

Wandering through the aisles of iTunes for interesting podcasts, I came across several on psychotherapy. Wow, I thought to myself; I can sure use these! Many of them are hosted by women who have nice voices and who interview...more

Supreme Court Holds Laches Is Not a Defense to Patent Infringement Damages

On March 21, 2017, in SCA Hygiene Products v. First Quality Baby Products, LLC, the Supreme Court overturned long-standing Federal Circuit law regarding the defense of laches, holding that laches is not a defense to damages...more

In re Ethicon: Connecting Seemingly Unrelated Dots May Support An Obviousness Conclusion

Composition claims are often rejected as obvious over the combinations of prior art referenced, that separately claim the ingredients of the claimed combination. Moreover, often the disclosure of the claimed ingredients is in...more

U.S. Supreme Court Eliminates Defense Of Laches In Patent Infringement Cases

On March 21, 2017, in SCA Hygiene Products Aktiebolah Et al. v. First Quality Baby Products, LLC, Et al. (Case No. 16-927), the U.S. Supreme Court eliminated laches — an equitable doctrine barring suits after unreasonable...more

Federal Circuit PTAB Appeal Statistics – March 2017

Through March 1, 2017, the Federal Circuit decided 172 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 132 (76.74%) cases, and reversed or vacated the PTAB on every issue in 15...more

Supreme Court Decision Alters Patent Defense Landscape

In a highly-anticipated ruling, the Supreme Court held that patent holders can recover damages for infringement even when the patent holders unreasonably delayed filing a lawsuit. In SCA Hygiene Products AB v. First Quality...more

Issue Three: Keeping Tabs on the PTAB

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

Bayer CropScience AG and Bayer S.A.S. v. Dow Agrosciences LLC (Fed. Cir. 2017)

Last week, in Bayer CropScience AG and Bayer S.A.S. v. Dow Agrosciences LLC, the Federal Circuit determined that the District Court for the District of Delaware did not abuse its discretion in determining that, under the...more

Supreme Court Bars Laches Defense, Leaves Statute of Limitations in Patent Suits

One more Federal Circuit decisions bites the dust. Today, in SCA Hygiene Products AB v. First Quality Baby Products, LLC, the Supreme Court held that the equitable doctrine of laches (undue delay) cannot be invoked as a...more

Shzoom Requests the Federal Circuit Reissue Trading Technologies as Precedential Opinion

On January 18, 2017 the Federal Circuit issued an opinion in Trading Technologies Int’l., Inc. v. CQG, Inc., its first decision finding a user interface to be patent eligible subject matter. The court designated the opinion...more

A Mixed Bag for Kyle Bass: Three Wins and Eight Losses at the PTAB

Over the past two years, hedge fund manager Kyle Bass has continued his efforts to invalidate biopharma patents through inter partes review (“IPR”). Over the past month, he received eleven final written decisions from the...more

Doctrine of Laches Does Not Apply to Patent Damages

The Supreme Court of the United States in a 7-1 decision held that patent defendants cannot assert the defense/doctrine of laches to shorten the six-year statute of limitations for damages claims for patent infringement. SCA...more

Supreme Court Holds Laches May Not Bar Patent Infringement Damages Within 6-Year Statutory Limitations Period

The United States Supreme Court announced today that laches, an affirmative defense based on an injured party’s delay in bringing suit, may not bar patent infringement damages within the six-year period under § 286 of the...more

Supreme Court Decides SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC

On March 21, 2017, the Supreme Court of the United States decided SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 15-927, holding that a defendant cannot invoke laches against a damages claim asserted...more

Federal Circuit Upholds $455 Million International Arbitration Award, But Finds That Federal Statutory Interest Rate, Rather Than...

The Federal Circuit has upheld a district court’s confirmation of a $455 million award by an international arbitration tribunal, but modified the judgment to clarify that, after the date of the district court’s judgment...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 1

In 2011, the Leahy-Smith America Invents Act (“AIA”) established new post-issuance procedures for challenging the validity of a granted patent before the Patent Trials and Appeal Board (“PTAB” or “Board”). Inter partes...more

Laches No Longer a Defense to Pre-Suit Damages in Patent Infringement Cases

On March 21, 2017, the U.S. Supreme Court, in a highly anticipated 7-1 decision, held that laches cannot be invoked as a defense against damages for patent infringement occurring within the six-year damages limitation period...more

The Laches Defense Loses Its Grip in Patent Law

Until today, laches had been available as a defense in patent litigation without much debate. The defense often arose in the context of demand letters: a patentee would threaten an accused infringer, but would then wait...more

The Supreme Court Strikes Down Laches as a Defense to Patent Infringement

Today the U.S. Supreme Court issued an opinion, SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, in which it held that laches cannot be used as a defense to a claim of patent infringement. The opinion had...more

Podcast - Supreme Court Preview: TC Heartland v. Kraft

What impact could the pending Supreme Court argument and decision in TC Heartland v. Kraft have on patent infringement litigation in the United States? With the oral argument scheduled for March 27, Doug Hallward-Driemeier,...more

SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC (2017)

The U.S. Supreme Court overturned another Federal Circuit decision today (this one having been decided en banc by the appellate court), in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC. The outcome was...more

ANDA Update - March 2017 Volume 3, Number 1

Speculative Evidence of Irreparable Harm Sinks Bayer's Request for Permanent Injunction - Bayer Pharma AG, et al. v. Watson Laboratories, Inc. (D. Del. December 28, 2016) - Applying the eBay factors to Plaintiff...more

PTAB Denies Institution of Sixth IPR Petition Filed Against Adaptive Headlamp’s Patent

The Patent Trial and Appeal Board (“PTAB”) invoked its discretion under 35 U.S.C. § 325(d) to deny Toyota’s IPR petition against Adaptive Headlamp’s U.S. Patent No. 7,241,034 (“the ’034 patent”) in Toyota Motor Co. v....more

PTAB Life Sciences Report -- Part IV

About the PTAB Life Sciences Report: Each month we will report on developments at the PTAB involving life sciences patents. Smith & Nephew, Inc. v. ConforMIS, Inc. - PTAB Petition: IPR2017-00510; filed December 20,...more

4,089 Results
|
View per page
Page: of 164
Cybersecurity

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×